A/65/44 As a matter of urgency, the State party should take vigorous steps to rescind the decrees legalizing immunity for crimes committed on duty which result, in practice, in impunity for acts of torture committed by members of security services, intelligence agencies and police. Furthermore the State party should carry out prompt, impartial and thorough investigations, bring the perpetrators of such acts to justice and, where they are convicted, impose sentences commensurate with the gravity of the acts committed. Monitoring and inspection of places of deprivation of liberty (14) The Committee notes that the Ministry of Justice, the Ministry of Interior and the Prosecutor General are empowered to inspect prisons to verify that inmates are being treated humanely. The Committee is nevertheless concerned at the lack of systematic, effective and independent monitoring and inspection of all places of detention (arts. 11 and 12). The Committee calls upon the State party to establish a national system to effectively monitor and inspect all places of detention and follow up on the outcome of such systematic monitoring. This system should include regular and unannounced visits by national and international monitors, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. Secret detention centres (15) The Committee is also concerned at reports that the State party has established secret detention facilities under the command of intelligence services, such as the Military Intelligence service, the Political Security Directorate, the Directorate General of Intelligence Services and the Directorate of Air Force Intelligence Services. The centres controlled by these services are not accessible by independent monitoring and inspection bodies, and are not subject to review by the authorities. The Committee is further concerned that detainees are deprived of fundamental legal safeguards, including an oversight mechanism in regard to their treatment and review procedures in respect to their detention. The Committee is also concerned at allegations that those detained in such facilities could be held for prolonged periods without any judicial review, in practice in incommunicado detention and subject to torture or cruel, inhuman or degrading treatment (arts. 2, 11 and 16). The State party should ensure that no one is detained in a secret detention facility under its de facto effective control. As often reiterated by the Committee, detaining persons in such conditions constitutes, per se, a violation of the Convention. The State party should also investigate and disclose the existence of any such facilities, the authority under which they have been established and the manner in which detainees are treated in such facilities. The Committee urges the State party to close all such facilities. Complaint mechanism (16) Notwithstanding the information provided to the Committee in the State party report on the possibility for a person to submit to the Office of the Public Prosecutor a complaint of torture allegedly committed by a public official, the Committee regrets the lack of an independent complaint mechanism for receiving and conducting impartial and full investigations into the many allegations of torture reported to the authorities, and for ensuring that those found guilty are appropriately punished. The Committee also regrets the absence of information, including statistics, on the number of complaints of torture and illtreatment and results of all proceedings, at both the penal and disciplinary levels (art. 2, 5, 12, 13 and 16). GE.10-44721 131

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